Former Fulton Jail Officer Says He Was Fired Because He Is Gay
A gay former detention officer's suit claims workplace discrimination because of his sexual orientation violates federal civil rights laws, an issue pending before the U.S. Supreme Court.
January 03, 2020 at 02:34 PM
3 minute read
A former detention officer is suing the Fulton County sheriff and three supervisors, claiming he was discriminated against because he is gay and then fired on allegedly false pretexts after he complained.
Former jail detention officer Demarcus Harris' lawsuit contending that discrimination on the basis of sexual orientation is barred by federal civil rights laws comes as the U.S. Supreme Court contemplates a similar case out of Georgia: Bostock v. Clayton County.
The Supreme Court appeared divided during arguments in that consolidated case over whether discrimination based on sex under Title VII of the Civil Rights Act of 1964 applies to sexual orientation and gender identity.
Harris contends in his complaint, filed Dec. 30 in the U.S. District Court for the Northern District of Georgia in Atlanta, that he was fired for being gay. In his suit, Harris said his problems began after a fellow detention officer crudely told other employees he didn't want to work with Harris because of Harris' sexual orientation. Harris said in his suit that it was he, not the officer who complained, who was then subjected to a series of transfers to less desirable jobs, locations and work schedules.
After multiple meetings with jail supervisors to protest the transfers and schedule changes, Harris claimed supervisors began building a pretext case against him for alleged tardiness in order to fire him. Harris claimed he was listed as a "no call, no show" for work after a county counselor and human resources personnel gave him permission to take leave, and that supervisors then began monitoring when he clocked in for work.
Harris said he was fired last spring on the recommendation of Lt. Anthony Taylor, who is listed as a defendant. The other defendants include Fulton County Sheriff Ted Jackson and his office, Lt. Temeka Cherry and Capt. Tyna Taylor.
Harris is seeking back pay, lost wages and benefits, pay increases he would have received if he had remained on staff, compensatory and punitive damages and legal fees. He also has asked for a declaratory judgment that the sheriff's office violated Title VII of the U.S. Civil Rights Act of 1964 and USC 1983, and a permanent injunction barring the sheriff's office and its employees from committing similar violations on the basis of sexual orientation in the future.
Harris is represented by Thomas Mew, a partner at Atlanta's Buckley Beal, and firm associate Milinda Brown. Neither attorney could be reached for comment.
Sheriff spokeswoman Tracy Flanagan declined to comment on the litigation. But she confirmed that Harris was terminated effective April 4 while still a probationary employee.
According to Harris' suit, he was initially told by a shift supervisor after he first complained that he was being transferred "for his own safety. " He contended that Taylor later informed him that he knew the detention officer who reportedly made the discriminatory remarks about Harris "for a very long time" and didn't believe he would make the reportedly crude and discriminatory comments.
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